Good Muslim Divorce

 The Family Team at Geldards provide holistic family law services, nationally, and have a dedicated specialist team focused on faith and cultural family law.

This #GoodDivorceWeek, the specialist team are focusing on the etiquettes of a good #Shariah divorce.

Shariah divorce

Muslims follow Islamic legal principles in their daily lives and are guided by the same for all vital matters like their Nikah and Talaq/Khulla.

Divorce is seen as the most disliked act amongst the permissible things in Islam and the guidance is that it should be resorted to only in extreme cases of necessity, and that it must follow certain stringent procedures and conditions, mainly to make the process as fair as possible. One must, in Islam, therefore, resort to divorce only after having exhausted all efforts of proper reconciliation and mediation.

Principles

There are certain etiquettes of a good Muslim divorce, some of which are as follows:-

1. In relation to the Talaq, the husband presents with a sober state of mind and with clear intention (without any coercion). One must try to avoid pronouncing the divorce in an angry state.
2. The divorce should not be issued by the husband when the wife is pregnant or going through her monthly menstrual cycle.
3. Efforts should be made for two witnesses to be present during the issuing of the Talaq (ideally one person from each family so that final efforts can be made to explore reconciliation and/or mediation).
4. It is best not to pronounce all three Talaqs at the same time (again, to leave scope for reconciliation).
5. During the period of the wife’s Iddah, the husband must abide by certain Shariah principles relating to the financial provision of the wife. The parties are to make effort to explore reconciliation/mediation during this period also.
6. Despite the anguish and distress surrounding divorce, which can be intensified with cultural aspects, as Muslims, the parties must abide by good behaviour guidance – to be truthful and honest, to be sincere, to be unselfish, to display humility, to be patient, to forgive and to show consideration and respect for others etc.

The above is not an exhaustive list and both husband and wife would need guidance specific to their circumstances, with the Shariah principles at the forefront, when navigating an Islamic divorce.

At Geldards, we work closely with mosques (globally) and the Shariah Council in the UK and can help navigate the complexities and nuances of an Islamic divorce.

If you would like to discuss how to achieve a good Muslim divorce and your options for resolving issues in respect of finances and/or children following a relationship breakdown, please do contact us.

Aysha Chouhdary is an experienced, award winning, Family Law Solicitor and Heads the Faith and Cultural Family Law offering at Geldards. Aysha is multilingual and can speak several languages to include Urdu, Mirpuri, Punjabi and Hindi which can help overcome any barriers with some clients and third parties. She is committed to providing holistic advice to clients and strives for the best outcome.